IN THE CASE OF:	  

		BOARD DATE:	        19 MARCH 2009

		DOCKET NUMBER:  AR20080017467 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show:

	a.  award of the Army Commendation Medal (3rd Award), the Army Achievement Medal (4th Award), the Armed Forces Expeditionary Medal, the North Atlantic Treaty Organization (NATO) Medal, and the basic Parachutist Badge;

	b.  that he possessed military occupational specialty (MOS) 11B (Infantryman); and

	c.  that he completed the 11B course, a Spanish language course, and airborne training.

2.  The applicant essentially believes that the aforementioned information was omitted from his DD Form 214 by accident, and that he did not notice it in time to have this document corrected.  He also states that he is missing two of his Army Commendation Medal certificates.

3.  The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 27 October 2008; his DD Form 214; a certificate, dated 18 November 2003, and a DA Form 638 (Recommendation for Award) which awarded him the Army Commendation Medal; certificates awarding him four separate Army Achievement Medals; a certificate awarding him the NATO Medal; a diploma, dated 3 November 1995, which shows that he completed infantry training; and orders, dated 13 November 
1995, which awarded him the basic Parachutist Badge and skill qualification identifier "P" (for Parachutist) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that he enlisted in the Regular Army on 27 July 1995.  He completed initial entry training and was awarded primary MOS 11B.  He served in duty MOS 11B in his initial permanent duty assignment at Fort Myer, Virginia, with the 3rd U.S. Infantry Regiment.  He later reenlisted for training in MOS 97E (Interrogator), which was subsequently made his primary MOS.  He was then reassigned to Fort Huachuca, Arizona.  He deployed to Bosnia-Herzegovina from 13 September 2000 to 1 April 2001 in support of Operation Joint Forge, then returned to Fort Huachuca, Arizona.  On 18 February 2004, he was honorably discharged.  The DD Form 214 that he was issued shows that he was awarded the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, and the Army Service Ribbon.  Item 14 (Military Education) of this document essentially shows that he completed an Interrogator Course, the Basic Noncommissioned Officer (NCO) Course, and the Primary Leadership Development Course.

3.  The applicant's DD Form 214 does not show that he was awarded any Army Commendation Medals, but the applicant provided a certificate, dated 18 November 2003, and a DA Form 638 which essentially show that permanent orders awarded him the Army Commendation Medal for meritorious service from 6 January 2003 to 18 February 2004.  His military records also contained a certificate, dated 14 September 2001, which shows that permanent orders previously awarded him the Army Commendation Medal for the period 6 August 
1999 to 20 October 2001.  There is no evidence that orders awarded the applicant a third Army Commendation Medal.  The fact that the DA Form 638 provided by the applicant essentially showed that he was being recommended for the Army Commendation Medal (3rd Award) in conjunction with his upcoming discharge, and that he had previously been awarded the Army Commendation Medal (2nd Award) was noted.

4.  The applicant's DD Form 214 does not show that he was awarded any Army Achievement Medals; however, the applicant provided four properly constituted certificates which essentially show that permanent orders awarded him four separate Army Achievement Medals.

5.  The applicant's DD Form 214 does not show that he was awarded the Armed Forces Expeditionary Medal; however, his NCO Evaluation Report (NCOER) for the period October 2000 through March 2001 essentially shows that he deployed to Bosnia-Herzegovina in support of Operation Joint Forge.  The applicant also provided a certificate for the NATO Medal for service with NATO on operations in relation to the Former Yugoslavia with Operation Joint Forge from 13 September 2000 to 1 April 2001.

6.  The applicant's DD Form 214 does not show that he was awarded the basic Parachutist Badge; however, his military records contain orders, dated 13 November 1995, which the applicant also provided, which awarded him the basic Parachutist Badge.

7.  Item 11 of the applicant's DD Form 214 does not show that he served in MOS 11B; however, the applicant was essentially awarded MOS 11B on 3 November 1995.  His certificate which awarded him the Army Achievement Medal for the period 8 December 1995 to 24 July 1998 with the 3d U.S. Infantry Regiment also establishes that he served in MOS 11B for at least 1 year.

8.  Item 14 of the applicant's DD Form 214 does not contain entries showing that he completed the 11B course, but courses for combat skills are not listed on the DD Form 214.  It also does not show that he completed airborne training, which is an MOS-immaterial school, but he completed the 3-week airborne training in 1995.  The applicant also requested that item 14 of his DD Form 214 show that he completed a Spanish language course, but there is no evidence that he completed a formal in-service Spanish language course.  The fact that his NCOERs show that he consistently sustained foreign language proficiency and possessed a language identification code (LIC) for Spanish (QB) was noted.

9.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

10.  The applicant was serving on active duty on 11 September 2001 and continued to serve on active duty until he was honorably discharged on 18 February 2004, but his DD Form 214 does not show that he was awarded the Global War on Terrorism Service Medal.

11.  The applicant completed the Primary Leadership Development Course and the Basic NCO Course, but his DD Form 214 does not show that he was awarded the NCO Professional Development Ribbon with Numeral "2" (for basic level).

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  This same regulation also provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.  The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22.  For personnel deployed in Bosnia-Herzegovina aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 21 June 1998 to a date to be determined (Operation Joint Forge), qualifying service for award of the Armed Forces Expeditionary Medal required individuals to be a bona fide member of a unit participating in the operational area defined above or to meet one or more of the following criteria:  1)  be deployed in the operational area as an individual by official orders to Operation Joint Forge for 30 consecutive or 60 non consecutive days and/or; 2) participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the land area of Bosnia-Herzegovina, Croatia, Adriatic Sea, and their air spaces.

14.  Additionally, this regulation provides, in pertinent part, that the NATO Medal is awarded by the Secretary General of the NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  Operations related to the former Republic of Yugoslavia from 14 November 1995 to a date to be determined is one of the designated NATO operations that qualifies for award of the NATO Medal.

15.  Army Regulation 635-5 (Separation Documents), provides, in pertinent part, instructions for completing the DD Form 214.  For item 11, it essentially states that the titles of all MOSs or areas of concentration (AOC) served for at least 1 year would be entered and include for each MOS/AOC the number of years and months served.  For time determination, 16 days or more count as a month.  It also provides that time spent in initial entry training will not be counted.

16.  Army Regulation 635-5 also provides, in pertinent part, that for item 14, formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 would be entered.  Include title, length in weeks, and year completed.  It further provides, in pertinent part, that the information in item 14 is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

17.  Army Regulation 600-8-22 provides that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined.

18.  Further, it provides, in pertinent part, that effective 30 March 1989, a Soldier will be awarded the NCO Professional Development Ribbon with the numeral which identifies the highest level of NCO Education System (NCOES) successfully completed.  Numeral "1" indicates completion of the primary level of NCOES, numeral "2" indicates completion of the basic level of NCOES, numeral "3" indicates completion of the advanced level of NCOES, and numeral "4" indicates completion of the senior level of NCOES.

19.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.
20.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

21.  Title 10 of the U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

	a.  award of the Army Commendation Medal (3rd Award), the Army Achievement Medal (4th Award), the Armed Forces Expeditionary Medal, the NATO Medal, and the basic Parachutist Badge;

	b.  that he possessed MOS 11B; and

	c.  that he completed the 11B course, a Spanish language course, and airborne training.

2.  The fact that the DA Form 638 provided by the applicant essentially showed that he was being recommended for the Army Commendation Medal (3rd Award) in conjunction with his upcoming discharge, and that he had previously been awarded the Army Commendation Medal (2nd Award), was noted.  However, his military records only show that permanent orders twice awarded him the Army Commendation Medal.  The fact that the applicant essentially stated that he is missing a certificate which awarded him a third Army Commendation Medal was noted; however, all awards of the Army Commendation Medal must be announced in official orders to validate these awards, which the applicant did not provide, and are not in his military records.  Regrettably, absent orders for a third Army Commendation Medal, he is only entitled to partial relief of this portion of his application by correcting his DD Form 214 to show the Army Commendation Medal (2nd Award).  The applicant is advised that while the available evidence is insufficient for correcting his military records to show a third Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The applicant provided four properly constituted certificates, three of which were also in his official records, which essentially show that permanent orders awarded him four separate Army Achievement Medals.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Army Achievement Medal (4th Award).

4.  The evidence of record shows that the applicant deployed to Bosnia-Herzegovina in support of Operation Joint Forge from 13 September 2000 to 1 April 2001.  Therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of his military records to show this award.

5.  The applicant was awarded the NATO Medal for service with NATO on operations in relation to the Former Yugoslavia with Operation Joint Forge from 13 September 2000 to 1 April 2001.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the NATO Medal.

6.  Orders awarded the applicant the basic Parachutist Badge, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the basic Parachutist Badge.

7.  The applicant was essentially awarded MOS 11B on 3 November 1995 and he served in this MOS for over 1 year.  Therefore, it would be appropriate at this time to correct item 11 of his DD Form 214 to show that he possessed MOS 11B for 8 years and 4 months.

8.  While the applicant completed the 11B course, courses for combat skills are not listed on the DD Form 214 and, as a result, there is no basis for adding the 11B course to item 14 of his DD Form 214.  However, as the applicant completed a 3-week airborne training course in 1995, which was an MOS-immaterial course, it would be appropriate at this time to add this course to item 14 of his DD Form 214.  Also, while the evidence of record shows that the applicant consistently sustained foreign language proficiency and possessed an LIC of QB for Spanish, there is no evidence in the applicant's military records, and the applicant failed to provide any evidence, that he completed a formal in-service Spanish language course.  As a result, there is insufficient basis for correcting item 14 of his DD Form 214 to show that he completed a Spanish language course.
9.  The applicant served on active duty during a qualifying period for award of the Global War on Terrorism Service Medal, but it is not shown on his DD Form 214. Therefore, he is entitled to award of the Global War on Terrorism Service Medal and correction of his military records to show this award.

10.  The applicant completed the Primary Leadership Development Course and the Basic NCO Course, but his DD Form 214 does not show that he was awarded the NCO Professional Development Ribbon with Numeral "2."  Therefore, he is entitled to award of the NCO Professional Development Ribbon with Numeral "2" and correction of his military records to show this ribbon with appurtenance.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing the award of the Army Commendation Medal (2nd Award), the Army Achievement Medal (4th Award), the NATO Medal, and the basic Parachutist Badge;

	b.  awarding him the Armed Forces Expeditionary Medal, the Global War on Terrorism Service Medal, and the NCO Professional Development Ribbon with Numeral "2";

	c.  correcting item 11 of his DD Form 214 by adding the entries "11B3P INFANTRYMAN – 8 YRS – 4 MOS"; and

	d.  correcting item 14 of his DD Form 214 by adding the entry "AIRBORNE – 3 WEEKS – 1995."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

	a.  showing the award of the Army Commendation Medal (3rd Award); and 

	b.  correcting item 14 of his DD Form 214 to show that he completed the 11B course or a Spanish language course.

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career, and especially during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      _________XXX________________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080017467



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ABCMR Record of Proceedings (cont)                                         AR20080017467



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